This case concerns the question of who should be held vicariously liable for damages arising out of employees injured at work – the employer, third parties, or both? The appellant worked as a social worker for Durham County Council, which worked closely with two NHS trusts to provide integrated social care and mental health services.

One of the appellant's cases concerned a young girl whose father suffered from mental health problems and was a voluntary patient of both NHS trusts. He was known to have a history of violent behaviour. He told medical professionals that he wished to harm the social worker involved 79 in his daughter's case and later told medical staff he would "kill her on the